Q: Sister died with no will, divorced & deceased husband, no children, no real estate, small savings & credit card debt.
My sister passed away in Reno late June. She was divorced 18 years ago & ex is now deceased , no children, no will & a very small estate. Her bank account is less than $5,000, no safe deposit box, no real estate (she lived in an apartment with no valuables) & credit card debt of about $10,000. Can my wife file an Affidavit of Entitlement for Small Estates for her bank account to help cover the cremation & misc costs & does it need to go through the court? Would she be on the hook to pay off the credit card debt?
A:
The Affidavit of Small Estates should work. First, you do not file the Affidavit of Entitlement. You, not your wife, should create the Affidavit of Entitlement and present the same to the applicable bank along with a certified copy of the death certificate and identification. The bank should transfer the money to you. Be sure to keep the receipts of the expenses of burial and cost to create the Affidavit. Then, since your sister's debts are greater than the account, for all the credit cards / debt outstanding, send a proportionate amount to each creditor of what remains. To create the Affidavit of Entitlement you must consider ALL ASSETS your sister left behind. If the total is greater than $25,000, then a Set Aside Estate procedure is applicable.
Hope this helps. I wish you well.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
